Uribe

ORDER

The opinion filed on September 5, 2013, is amended. The amended opinion is filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for panel rehearing and the petition for rehearing en banc filed in appeal number 11-56771.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for panel rehearing and the petition for rehearing en banc in appeal number 11-56771 are DENIED. No further petitions for panel rehearing or petitions for rehearing en banc will be entertained.

OPINION

The California Attorney General (“state”) appeals the district court’s grant of habeas relief under 28 U.S.C. § 2254 to California state prisoners Terry Bell and Natalie DeMola (“petitioners”). In granting relief, the district court concluded that the petitioners’ Sixth Amendment rights were violated when the trial court removed for willful misconduct, in conformance with California Penal Code § 1089, the only juror advocating for acquittal.

The California Court of Appeal found that the juror was properly removed because she engaged…